THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 
____________ 

ARRANGEMENT OF SECTIONS 
___________ 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title and extent. 
2.  Application of Act. 
3.  Definitions. 
4.  Overriding effect of Act. 

CHAPTER II 
ADOPTION 

5.  Adoptions to be regulated by this Chapter. 
6.  Requisites of a valid adoption. 
7.  Capacity of a male Hindu to take in adoption. 
8.  Capacity of a female Hindu to take in adoption. 
9.  Persons capable of giving in adoption. 
10.  Persons who may be adopted. 
11.  Other conditions for a valid adoption. 
12.  Effects of adoption. 
13.  Right of adoptive parents to dispose of their properties. 
14.  Determination of adoptive mother in certain cases. 
15.  Valid adoption not to be cancelled. 
16.  Presumption as to registered documents relating to adoptions. 
17.  Prohibition of certain payments. 

CHAPTER III 
MAINTENANCE 

18.  Maintenance of wife. 
19.  Maintenance of widowed daughter-in-law. 
20.  Maintenance of children and aged parents. 
21.  Dependants defined. 
22.  Maintenance of dependants. 
23.  Amount of maintenance. 
24.  Claimant to maintenance should be a Hindu. 
25.  Amount of maintenance may be altered on change of circumstances. 
26.  Debts to have priority. 
27.  Maintenance when to be a charge. 
28.  Effect of transfer of property on right to maintenance. 
29.  [Repealed.]. 
30.  Savings. 

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THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 
ACT NO. 78 OF 19561 

[21st December, 1956.] 

An Act to amend and codify the law relating to adoptions and maintenance among Hindus. 

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― 

CHAPTER I 

PRELIMINARY 

1.  Short  title  and  extent.―(1)This  Act  may  be  called  the  Hindu  Adoptions  and  Maintenance  

Act, 1956. 

(2) It extends to the whole of India 2***. 

2. Application of Act.―(1) This Act applies― 

(a) to any person, who is a Hindu by religion in any of its forms or developments, including a 

Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or AryaSamaj, 

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and 

(c)  to  any  other  person  who  is  not  a  Muslim,  Christian,  Parsi  or  Jew  by  religion,  unless  it  is 
proved that any such person would not have been governed by the Hindu law or by any custom or 
usage as part of that law in respect of any of the matters dealt with herein if this Act had not been 
passed. 

Explanation.―The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case 

may be:― 

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or 

Sikhs by religion; 

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh 
by religion and who is brought up as a  member of the tribe, community,  group  or family to which 
such parent belongs or belonged; 3* * *  

4[(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother 
or whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina or 
Sikh; and] 

(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. 

(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply 
to  the  members  of  any  Scheduled  Tribe  within  the  meaning  of  clause  (25)  of  article  366  of  the 
Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. 

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule. 

This Act has been amended in U.P. Act 57 of 1976. 
This  Act  shall,  from  a  date  to  be  notified  by  the  administrator,  come  into  force  in  Pondicherry,  subject  to  the  following 
modification: 
In section 2, after sub-section (2), insert:― 

“(2A) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to the renoncants of 

the Union territory of Pondicherry.” 

2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule 
(w.e.f. 31-10- 2019). 
3. The word “and” omitted by Act 45 of 1962, s. 2 (w.e.f. 19-11-1962). 
4. Ins. by s. 2, ibid. (w.e.f. 19-11-1962). 

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(3) The expression  “Hindu”  in  any  portion  of this  Act  shall  be  construed  as  if  it  included  a  person 
who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the 
provisions contained in this section. 

3. Definitions.―In this Act, unless the context otherwise requires,― 

(a) the expressions “custom” and “usage” signify any rule which, having been continuously and 
uniformly observed for a long time, has obtained the force of law among Hindus in any local area, 
tribe, community, group or family: 

Provided that the rule is certain and not unreasonable or opposed to public policy: and 

Provided further that, in the case of a rule applicable only to a family, it has not been discontinued 

by the family; 

(b) “maintenance” includes― 

(i) in all cases, provision for food, clothing, residence, education and medical attendance and 

treatment; 

(ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her 

marriage; 

(c) “minor” means a person who has not completed his or her age of eighteen years. 

4.Overriding effect of Act.―Save as otherwise expressly provided in this Act,― 

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force 
immediately  before  the  commencement  of  this  Act  shall  cease  to  have  effect  with  respect  to  any 
matter for which provision is made in this Act; 

(b) any other law in force immediately before the commencement of this Act shall cease to apply 

to Hindus in so far as it is inconsistent with any of the provisions contained in this Act. 

CHAPTER II 

ADOPTION 

5.Adoptions  to  be  regulated  by  this  Chapter.―(1)No  adoption  shall  be  made  after  the 
commencement of this Act by or to a Hindu except in accordance with the provisions contained in this 
Chapter, and any adoption made in contravention of the said provisions shall be void. 

(2) An adoption which is void shall neither create any rights in the adoptive family in favour of any 
person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of 
any person in the family of his or her birth. 

6. Requisites of a valid adoption.―No adoption shall be valid unless— 

(i) the person adopting has the capacity, and also the right, to take in adoption; 

(ii) the person giving in adoption has the capacity to do so; 

(iii) the person adopted is capable of being taken in adoption; and 

(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.  

7.Capacity of a male Hindu to take in adoption.―Any male Hindu who is of sound mind and is 

not a minor has the capacity to takes on or a daughter in adoption: 

Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the 
wife has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a 
court of competent jurisdiction to be of unsound mind. 

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Explanation.―If a person has more than one wife living at the time of adoption, the consent of all the 
wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified 
in the preceding proviso. 

1[8.Capacity of a female Hindu to take in adoption.―Any female Hindu who is of sound mind and 

is not a minor has the capacity to take a son or daughter in adoption: 

Provided  that,  if  she  has  a  husband  living,  she  shall  not  adopt  a  son  or  daughter  except  with  the 
consent of her husband unless the husband has completely and finally renounced the world or has ceased 
to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.] 

9.Persons capable of giving in adoption.―(1)No person except the father or mother or the guardian 

of a child shall have the capacity to give the child in adoption. 

2[(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal 

right to give a son or daughter in adoption: 

Provided that such right shall not be exercised by  either of them save with the consent of the other 
unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has 
been declared by a court of competent jurisdiction to be of unsound mind.] 

3* 

* 

* 

* 

* 

4[(4) Where both the father and mother are dead or have completely and finally renounced the world 
or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound 
mind or where the parentage of the child is not known, the guardian of the child may  give the child in 
adoption with the previous permission of the court to any person including the guardian himself.] 

(5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the 
adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes 
of the child having regard to the age and understanding of the child and that the applicant for permission 
has not received or agreed to receive and that no person has made or given or agreed to make or give to 
the  applicant  any  payment  or  reward  in  consideration  of  the  adoption  except  such  as  the  court  may 
sanction. 

Explanation.―For the purposes of this section― 

(i)  the  expressions  “father”  and  “mother”  do  not  include  an  adoptive  father  and  an  adoptive 

mother; 5* * * 

6[(ia) “guardian” means a person having the care of the person of a child or of both his person and 

property and includes― 

(a) a guardian appointed by the will of the child's father or mother, and 

(b) a guardian appointed or declared by a court; and] 

(ii)  “court”  means  the  city  civil  court  or  a  district  court  within  the  local  limits  of  whose 

jurisdiction the child to be adopted ordinarily resides. 

1. Subs. by Act 30 of 2010, s. 3, for section 8 (w.e.f. 31-8-2010). 
2. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 31-8-2010). 
3. Sub-section (3) omitted by s. 3, ibid. (w.e.f. 31-8-2010). 
4. Subs.by Act 45 of 1962, s. 3, for sub-section (4) (w.e.f. 29-11-1962).  
5. The word “and” omitted by s. 3, ibid. (w.e.f. 29-11-1962). 
6. Ins. by s. 3, ibid.(w.e.f. 29-11-1962). 

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10. Persons who may be adopted.―No person shall be capable of being taken in adoption unless the 

following conditions are fulfilled, namely:― 

(i) he or she is a Hindu; 

(ii) he or she has not already been adopted; 

(iii)  he  or she  has  not  been  married,  unless  there  is a  custom  or  usage  applicable to the  parties 

which permits persons who are married being taken in adoption; 

(iv)  he  or  she  has  not  completed  the  age  of  fifteen  years,  unless  there  is  a  custom  or  usage 
applicable  to  the  parties  which  permits  persons  who  have  completed  the  age  of  fifteen  years  being 
taken in adoption. 

11.Other  conditions  for  a  valid  adoption.―In  every  adoption,  the  following  conditions  must  be 

complied with:― 

(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must 
not  have  a  Hindu  sonson’s  son  or  son’s  son’s  son  (whether  by  legitimate  blood  relationship  or  by 
adoption) living at the time of adoption; 

(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made 
must  not  have  a  Hindu  daughter  or  son’s  daughter  (whether  by  legitimate  blood  relationship  or  by 
adoption) living at the time of adoption; 

(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at 

least twenty-one years older than the person to be adopted; 

(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at 

least twenty-one years older than the person to be adopted; 

(v) the same child may not be adopted simultaneously by two or more persons; 

(vi)  the  child  to  be  adopted  must  be  actually  given  and  taken  in  adoption  by  the  parents  or 
guardian  concerned  or  under  their  authority  with  intent  to  transfer  the  child  from  the  family  of  its 
birth 1[or in the case of an abandoned child or a child whose parentage is not known, from the place 
or family where it has been brought up] to the family of its adoption: 

Provided that the performance of dattahomam shall not be essential to the validity of an adoption. 

12.Effects  of  adoption.―An  adopted  child  shall  be  deemed  to  be  the  child  of  his  or  her  adoptive 
father or mother for all purposes with effect from the date of the adoption and from such date all the ties 
of the child in the family of his or her birth shall be deemed to be severed and replaced by those created 
by the adoption in the adoptive family: 

Provided that― 

(a) the child cannot marry any person whom he or she could not have married if he or she had 

continued in the family of his or her birth; 

(b) any property which vested in the adopted child  before the adoption shall continue to vest in 
such person subject to the obligations, if any, attaching to the ownership of such property, including 
the obligation to maintain relatives in the family of his or her birth; 

(c) the adopted child shall not divest any person of any estate which vested in him or her before 

the adoption.  

1. Ins. by Act 45 of 1962, s. 4 (w.e.f. 29-11-1962). 

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13.  Right  of  adoptive  parents  to  dispose  of  their  properties.―Subject  to  any  agreement  to  the 
contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her 
property by transfer inter vivos or by will. 

14. Determination of adoptive mother in certain cases.―(1)Where aHindu who has a wife living 

adopts a child, she shall be deemed to bethe adoptive mother. 

(2)  Where  an  adoption  has  been  made  with  the  consent  of  more  than  one  wife,  the  seniormost  in 

marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers. 

(3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be 

deemed to be the step-mother of the adopted child. 

(4)  Where  a  window  or  an  unmarried  woman  adopts  a  child,  any  husband  whom  she  marries 

subsequently shall be deemed to be the step-father of the adopted child. 

15.  Valid  adoption  not  to  be  cancelled.―No  adoption  which  has  been  validly  made  can  be 
cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or 
her status as such and return to the family of his or her birth. 

16.  Presumption  as  to  registered  documents  relating  to  adoption.―Whenever  any  document 
registered under any law for the time being in force is produced before any court purporting to record an 
adoption made and is signed by the person giving and the person taking the child in adoption, the court 
shall presume that the adoption has been made in compliance with the provisions of this Act unless and 
until it is disproved. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of section 16 of Act 78 of 1956.—In the Hindu Adaptation and Maintenance Act, 1956, 
section 16 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered the 
following sub-section shall be inserted namely:-- 

“(2) In case any adoption made on or after the first day of January, 1977 no Court in Uttar Pradesh 
shall accept any evidence in proof of the giving and taking of the child in adoption, except a document 
recording an adoption, made and signed by the person giving and the person taking the child in adoption, 
and registered under any law for the time being in force; 

Provided that secondary evidence of such document shall be admissible in the circumstances and the 

manner laid down in the Indian Evidence Act, 1872 (1 of 1872).”. 
[Vide Uttar Pradesh Act 57 of 1976, s. 35] 

17. Prohibition of certain payments.―(1)No person shall receive or agree to receive any payment 
or other reward in consideration of the adoption of any person, and no person shall make or give or agree 
to  make  or  give  to  any  other  person  any  payment  or  reward  the  receipt  of  which  is  prohibited  by  this 
section. 

(2)  If  any  person  contravenes  the  provisions  of  sub-section  (1),  he  shall  be  punishable  with 

imprisonment which may extend to six months, or with fine, or with both. 

(3)  No  prosecution  under  this  section  shall  be  instituted  without  the  previous  sanction  of  the  State 

Government or an officer authorised by the State Government in this behalf. 

CHAPTER III 
MAINTENANCE 

18.  Maintenance  of  wife.―(1)Subject  to  the  provisions  of  this  section,  a  Hindu  wife,  whether 
married before or after the commencement of this Act, shall be entitled to be maintained by her husband 
during her life time. 

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to 

maintenance,― 

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(a)  if  he  is  guilty  of  desertion,  that  is  to  say,  of  abandoning  her  without  reasonable  cause  and 

without her consent or against her wish, or of wilfully neglecting her; 

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it 

will be harmful or injurious to live with her husband; 

1* 
(d) if he has any other wife living; 
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with 

* 

* 

* 

* 

a concubine elsewhere; 

(f) if he has ceased to be a Hindu by conversion to another religion; 

(g) if there is any other cause justifying her living separately. 

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she 

is unchaste or ceases to be a Hindu by conversion to another religion. 

19. Maintenance of widowed daughter-in-law.―(1) A Hindu wife, whether married before or after 
the commencement of this Act, shall be entitled to be maintained after the death of her husband by her 
father-in-law: 

Provided  and  to  the  extent  that  she  is  unable  to  maintain  herself  out  of  her  own  earnings  or  other 

property or, where she has no property of her own, is unable to obtain maintenance― 

(a) from the estate of her husband or her father or mother, or 

(b) from her son or daughter, if any, or his or her estate. 

(2)  Any  obligation  under  sub-section  (1)  shall  not  be  enforceable  if  the  father-in-law  has  not  the 
means to do so from any coparcenary property in his possession out of which the daughter-in- law has not 
obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law. 

20.  Maintenance  of  children  and  aged  parents.―(1)Subject  to  the  provisions  of  this  section  a 
Hindu is bound, during his or her life-time, to maintain his or her legitimate or illegitimate children and 
his or her aged or infirm parents. 

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long 

as the child is a minor. 

(3)  The  obligation  of  a  person  to  maintain  his  or  her  aged  or  infirm  parent  or  a  daughter  who  is 
unmarried  extends  in  so  far  as  the  parent  or  the  unmarried  daughter,  as  the  case  may  be,  is  unable  to 
maintain himself or herself out of his or her own earnings or other property. 

Explanation.―In this section “parent “includes a childless step-mother. 

21.  Dependants  defined.―For  the  purposes  of  this  Chapter  “dependants”  mean  the  following 

relatives of the deceased:― 

(i) his or her father; 

(ii) his or her mother; 

(iii) his widow, so long as she does not re-marry; 

(iv)  his  or  her  son  or  the  son  of  his  predeceased  son  or  the  son  of  a  predeceased  son  of  his  
pre-deceased  son,  so  long  as  he  is  a  minor:  provided  and  to  the  extent  that  he  is  unable  to  obtain 
maintenance,  in  the  case  of  a  grandson  from  his  father’s  or  mother’s  estate,  and  in  the  case  of  a  
great-grandson, from the estate of his father or mother or father’s father or father’s mother; 

1. Clause (c) omitted by Act 6 of 2019, s. 6 (w.e.f. 1-3-2019). 

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(v)  his  or  her  unmarried  daughter,  or  the  unmarried  daughter  of  his  predeceased  son  or  the 
unmarried  daughter  of  a  predeceased  son  of  his  predeceased  son,  so  long  as  she  remains 
unmarried:provided and to the extent that she is unable to obtain maintenance, in the case of a grand-
daughter from her father’s or mother’s estate and in the case of a great-grand-daughter from the estate 
of her father or mother or father's father or father’s mother; 

(vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance― 

(a) from the estate of her husband; or 

(b) from her son or daughter if any, or his or her estate; or 

(c) from her father-in-law or his father or the estate of either of them; 

(vii) any widow of his son or of a son of his predeceased son, so long as she does not re-marry: 
provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from 
her son or daughter, if any, or his or her estate; or in the case of a grandson’s widow, also from her 
father-in-law’s estate; 

(viii) his or her minor illegitimate son, so long as he remains a minor; 

(ix) his or her illegitimate daughter, so long as she remains unmarried. 

22.  Maintenance  of  dependants.―(1)  Subject  to  the  provisions  of  sub-section  (2),  the  heirs  of  a 
deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them 
from the deceased. 

(2)  Where  a  dependant  has  not  obtained,  by  testamentary  or  intestate  succession,  any  share  in  the 
estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the 
provisions of this Act, to maintenance from those who take the estate. 

(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the 

share or part of the estate taken by him or her. 

(4)  Notwithstanding  anything  contained  in  sub-section  (2)  or  sub-section  (3),  no  person  who  is 
himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has 
obtained  a  share  or  part  the  value  of  which  is,  or  would,  if  the  liability  to  contribute  were  enforced, 
become less than what would be awarded to him or her by way of maintenance under this Act. 

23. Amount of maintenance.―(1)  It  shall  be  in  the  discretion  of  the  court  to  determine  whether 
any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the 
court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case 
may be, so far as they are applicable. 

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged on 

infirm parents under this Act, regard shall be had to― 

(a) the position and status of the parties; 

(b) the reasonable wants of the claimant; 

(c) if the claimant is living separately, whether the claimant is justified in doing so; 

(d) the value of the claimant’s property and any income derived from such property, or from the 

claimant's own earnings or from any other source; 

(e) the number of persons entitled to maintenance under this Act. 

(3) In determining the amount of maintenance, if any, to be awarded to a  dependent under this Act, 

regard shall be had to― 

(a) the net value of the estate of the deceased after providing for the payment of his debts; 

8 

 
(b) the provision, if any, made under a will of the deceased in respect of the dependant; 

(c) the degree of relationship between the two; 

(d) the reasonable wants of the dependant; 

(e) the past relations between the dependant and the deceased; 

(f) the value of the property of the dependant and any income derived from such property; or from 

his or her earnings or from any other source; 

(g) the number of dependants entitled to maintenance under this Act.  

24.  Claimant  to  maintenance  should  be  a  Hindu.―No  person  shall  be  entitled  to  claim 

maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion. 

25.  Amount  of  maintenance  may  be  altered  on  change  of  circumstances.―The  amount  of 
maintenance,  whether  fixed  by  a  decree  of  court  or  by  agreement,  either  before  or  after  the 
commencement of this Act, may be altered subsequently if there is a material change in the circumstances 
justifying such alteration. 

26.  Debts  to  have  priority.―Subject  to  the  provisions  contained  in  section  27  debts  of  every 
description contracted or payable by the deceased shall have priority over the claims of his dependants for 
maintenance under this Act. 

27. Maintenance when to be a charge.―A dependant’s claim for maintenance under this Act shall 
not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the 
will  of  the  deceased,  by  a  decree  of  court,  by  agreement  between  the  dependant  and  the  owner  of  the 
estate or portion, or otherwise. 

28.  Effect  of  transfer  of  property  on  right  to  maintenance.―Where  a  dependant  has  a  right  to 
receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive 
maintenance  may  be  enforced  against  the  transferee  if  the  transferee  has  notice  of  the  right,  or  if  the 
transfer is gratuitous; but not against the transferee for consideration and without notice of the right.  

CHAPTER IV 

REPEALS AND SAVINGS 

29.  [Repeals.]―Rep.  by  the  Repealing  and  Amending  Act,  1960  (58  of  1960),  s.  2  and  the  First 

Schedule (w.e.f. 26-11-1960). 

30.  Savings.―Nothing  contained  in  this  Act  shall  affect  any  adoption  made  before  the 
commencement of this Act, and the validity and effect of any such adoption shall be determined as if this 
Act had not been passed. 

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